Court : Delhi
Decided on : Dec-11-2003
Reported in : 109(2004)DLT41; 2004(28)PTC1(Del)
..... plaintiff's toothbrush would still be incapable of design registration as it is a mere mechanical device and is, thereforee, banned from registration under sub-section(d) of section 2 of the act. it is submitted that the plaintiff itself advertised the functionality of its toothbrush handle by stating on the packaging 'ergonomically shaped handle for total control ..... but it is only buying it after it is imported and bristled and it is only marketing it under its own house mark.11. sub-section(1) of section 22 of the act was enacted to eliminate the violation of the copyright in any design, in other words, the piracy of registered design. it is as under:-'22 ..... components of the toothbrush and sold out separately. the answer is in emphatic negative. so the handle (grip) is not an article as defined by section 2(a) of the act. 20. the second contention of the defendant is that the plaintiff itself advertised the functionality of its toothbrush handle by stating on the packaging 'ergonomically .....
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2003
Reported in : 2003(69)DRJ278
..... , is a part of the process of recruitment.'13. this court in nighalparveen (ms) case (supra) held that 'service matters' contained in section 3(q) of the administrative tribunals act is very wide. it includes incidental and ancillary matters like selection/short listing and interview etc. the relevant observation or the court is extracted as ..... from the words used in article 323-a of the constitution the parliament deliberately used the words 'recruitment' and 'matters concerning recruitment' in section 14 and 28 of the act so as to indicate that the tribunal shall have exclusive jurisdiction to deal with these matters and that the high court in view of the ..... tribunal related to matters concerning recruitment. clause (b) pertained to service matters. the expression 'service matter' is defined in section 2(q) of the act. the arrangement of the provisions of section 14 show that the disputes which the tribunal could adjudicate upon could arise before the appointment of a person as also after .....
Tag this Judgment!Court : Delhi
Decided on : Feb-03-2003
Reported in : AIR2003Delhi252
..... it.'16. let us apply the legal principles enunciated in the foregoing authorities as also the pre-condition, set out before the benefit under section 14 of the limitation act can be claimed. even in the benefit having in good faith and diligently prosecuting the winding up petition is assumed in favor of the plaintiff ..... in the matter. mr. manmohan has rendered valuable assistance in this matter.15. let me notice the legal position with regard to applicability of section 14 of the limitation act, for exclusion of time, especially when exclusion is sought for the period of pendency of winding up petitions.(i) the first judgment to be ..... treated as acknowledgments of liability, extending the limitation, the suits would be within time.7. this brings to fore the question of applicability of section 14 of the limitation act, 1963 in cases where the plaintiff/petitioner institutes petition for winding up of the defendant companies and upon not being successful, institutes suits for recovery .....
Tag this Judgment!Court : Delhi
Decided on : Sep-01-2003
Reported in : 2003(27)PTC305(Del)
..... copy of the advertisement of the appellant, thereforee, the provisions of section 14 of the act are not applicable to the facts of this case.35. we were shown the commercial of roller coaster during the proceedings by both parties. ..... called competitive advertisement. the loss which appellant will suffer cannot be adequately compensated by money.34. countering these arguments mr. iqbal chhagla contended that section 14 of the act envisages that copying of the cinematographic film must be identical in all respects and since the roller coaster commercial of the respondents is not a ..... part of the original, the charge of plagiarismmust stand proved...'32. mr. kapil sibal contended that the respondents are misconstruing the provisions of section 14 of the copyright act to justify their conduct. they cannot be allowed to take shelter to justify their unjustifiable conduct. to support his contentions he placed reliance on .....
Tag this Judgment!Court : Delhi
Decided on : Dec-16-2003
Reported in : (2004)2CompLJ50(Del); [2004]54SCL312(Delhi)
..... such action is permissible, particularly, when for seeking performance and enforcement of a foreign award, it is mandatory for the petitioner to follow the procedure prescribed under section 47, arbitration act. even for holding that the award is binding oh the parties, it must be held by the court that the award is enforceable. thereforee, without first ascertaining ..... and no appeal has been preferred there from.14. in the matter of enforceability of a foreign award in india, the indian arbitration act and not the english arbitration act would govern. section 48 of the act gives an independent right to any party to challenge and object to a foreign award when its enforcement is sought in india. these ..... enforced has a right to contest the enforcement on one or some of the defenses as mentioned in clauses (a) to (c) of sub-section 1 of section 48 of the act. the said party has to satisfy the court by furnishing proof to the court that one or more of the five conditions is attracted calling for .....
Tag this Judgment!Court : Delhi
Decided on : Feb-14-2003
Reported in : 2003IIAD(Delhi)672; 103(2003)DLT250
..... the national bank case was being considered in the chancery division, a contention was in terms raised that the scheme was not one under section 206 (section 395 of our companies act). both the contentions are answered in favor of the company proposing the scheme. such a scheme can be said to be a scheme of ..... mandates the transmission of sundry information calculated to assist the shareholders in arriving at an informed and commercially pragmatic decision. 14. it is possible that section 395 of the act is invoked in a scheme of merger or reorganisation of a company between several transferor companies with the transferee company. this scheme may envisage the ..... in respect of the obiter observations, with which i respectfully concur, to the effect that the transferee company is not expected to seek jural approval under section 395 of the act.' ... in the case before me, the scheme is between navjivan and its shareholders and creditors, sponsored by kohinoor and the scheme if sanctioned would .....
Tag this Judgment!Court : Delhi
Decided on : May-29-2003
Reported in : 105(2003)DLT1; 2003(69)DRJ598; [2003]259ITR108(Delhi)
..... effected by any such work until permission has been granted by the commissioner in this behalf in accordance with bye laws made under this act. however, proviso to sub-section (2) of section 346 refers to deeming clause indicating that if the commissioner fails within a period of thirty days after the receipt of the notice of ..... that could have been sanctioned as the law prevailing at that time, in that event nothing could be done.' the apex court pointed out that section 319 of bengal municipal act, 1932 expressly states that even in a case of deemed permission, the applicant cannot execute the work 'so as to contravene any of the provisions ..... is observed that if nothing is communicated within this period, it shall be deemed to have been approved by the authority for occupation.21. section 346 of the delhi municipal corporation act, 1957 refers to completion certificate. every person who employs a licensed architect or engineer or a person approved by the commissioner to design or erect .....
Tag this Judgment!Court : Delhi
Decided on : Jul-07-2003
Reported in : 108(2003)DLT334; 2003(71)DRJ553; 2004(92)ECC109; 2004(165)ELT151(Del)
..... in writing. the notice, according to him, was a condition precedent for any adjudication and/or imposition of a penalty. if the notice as contemplated in section 4l of the said act was not given, there could be no adjudication and, consequently, no imposition of penalty. he further submitted that the notice was not just any ordinary notice ..... was at all sent to the petitioner and whether the adjudicating authority discharged its mandatory obligation of sending a notice to the petitioner in terms of section 4l of the said act. i find that the latter has not been done. the adjudicating authority ought to have specifically sent a notice to the petitioner. this notice ought ..... the appeal would not alter the situation. the proceedings against him were void ab initio. had the petitioner been issued a notice in terms of section 4l of the said act, he could have represented against the imposition of such penalty. he could have placed on record various facts and circumstances to show that no offence .....
Tag this Judgment!Court : Delhi
Decided on : Sep-30-2003
Reported in : 2003VIIAD(Delhi)633
..... as to whether the petitioner is entitled to interim relief on the basis of sole argument of the petitioner confined to the alleged infraction of section 10b of the act. 10. section 10b of the act is in the following terms:'10b disqualification of members of bar council- an elected member of a bar council shall be deemed to have ..... of the elected members of the state bar council is five years from the date of publication of the result of his election as provided under section 8 of the act. proviso to this section, however, stipulates that where a sbc fails to provide for the election of its member before the expiry of the said term of five years ..... , the impugned action of the bcd resorting to extreme step of `expelling' the petitioner from the membership of the bcd in purported exercise of powers under section 10b of the act, is without serving upon the petitioner notice of such meetings and without following the principles of natural justice by either serving any show cause notice or giving .....
Tag this Judgment!Court : Delhi
Decided on : Nov-18-2003
Reported in : (2004)188CTR(Del)277; 109(2004)DLT811; 2004(73)DRJ95; [2004]269ITR268(Delhi)
..... of the assessed company, cannot be sustained. the submission is that since the alleged incriminating document did not pertain to the assessed company, the provisions of section 158bc of the act were not attracted insofar as the assessed was concerned and, thereforee, the assessment for the block period is null and void. it is, thus, urged ..... containing details of certain cash transactions, was found and seized.3. after making some preliminary enquiries the assessing officer issued a notice to the assessed under section 158bc of the act, directing it to file its return for the block period ending 17 november 1995. in deference to the said notice, return was filed declaring nil income ..... facts and circumstances of the case the itat is correct in assessing amount of rs. 14,88,784/- u/s 158 bc of the it act 1961 without invoking provisions of section 158bd of it act, 1961 because 'annexure a-11' was not found in search at the premises of the petitioner and the petitioner has disowned this paper .....
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